Legal Question in Military Law in South Carolina

Re: what happens to the people that pick up a person who went AWOL?

More information is needed to answer your question. Please define what is meant by, "The person who picks up the person." If the person is a law enforcement officer, nothing happens because it is part of their job to apprehend those in AWOL status.

If you mean that people aided an abetted the person who was going AWOL, the answer is, it depends. But, they could be charged criminally for their assistance if it can be shown that they had the intent to assist someone avoid military service (this would more likely be true if the people giving the assistance were in the military also).

If you would like to discuss this in greater detail, feel free to call me at 512-259-7324, e-mail at [email protected] or visit my website at www.courtmartialbrand.com

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

Re: what happens to the people that pick up a person who went AWOL?

For the purposes of this question, I am assuming you are not in the military, are a family member of a military person, and you picked them up while they were AWOL.

Generally, because AWOL is a military offense, and the military has no jurisdiction over you, you are not technically in trouble (yet). If you assist someone to avoid military service by hiding them after they are converted from AWOL to Deserter status, that is another issue.

AWOL is a ticket to ruin. No matter what the reason, there is no real excuse for AWOL, and you should encourage your soldier, sailor, airman or marine to surrender to military authorities and face the consequences.

AWOL rarely results in severe penalties, but can if it is prolonged or recurrent. Desertion does result in severe penalties, and it is the last thing in the world your loved one wants on his record.

If you are being threatened with legal action by the military, you should immediately retain a lawyer and direct all correspondence and communication to the lawyer, but under no circumstances should you continue to shelter, aid or abet the AWOL of the soldier.

Re: what happens to the people that pick up a person who went AWOL?

It depends on the Service you are AWOL from. Each Service has a different policy.

It is Always better if you "surrender" to military authorities -- that's considered mitigating. You should NOT make any statement at the time of surrender or arrest. I have done a number of these cases and the military may use those statements against you to put together a case of Desertion.

The military options range from administrative discharge to court-martial and confinement.

Sincerely,

www.court-martial.com